In an order passed on July 15, Justice GR Swaminathan said that when fundamental rights of citizens are under threat by fundamentalist elements, it is the duty of the State to tackle such fundamentalist forces.
“If one’s fundamental rights are under threat, the duty of the administration is to uphold the rights and put down those interfering with the exercise of the rights. Fundamental rights shall take precedence over fundamentalist forces,” the Court said.
Therefore, it allowed the petition filed by one Thameem Sindha Madar who approached the Court saying that while a section of Muslim devotees in Ervadi town in Tirunelveli had traditionally been carrying out Muharram procession with beating of drums and music known as Santhanakoodu procession and Kuthirai Pancha for years, they were facing opposition from another section of Muslim devotees this year.
Source: Barandbench